The Continuing Benefit (BPC) is a guarantee for people with disabilities of any age with a family income of ¼ minimum wage and elderly people in the same condition. Thus, it is very common to ask whether retiree receives the BPC? To better understand this issue, see the court ruling on a similar case recently.
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According to the legislation, the elderly who receive the pension cannot simultaneously receive the Benefit of Continued Benefit. This is because this program is intended to reach the elderly who are in a situation of social vulnerability and who need government assistance.
Thus, the INSS understands that retirees who receive retirement benefits of any amount have their own income and do not imply the receipt of this specific benefit. On the other hand, as long as the necessary income levels are proven, it is possible to claim to receive other programs, such as Auxílio Brasil.
This is because both retirees and pensioners can be included in the program, as long as the per capita family income is up to R$ 210. After all, some families can only rely on a person's retirement or pension money.
Due to the criterion of retirees not being able to receive the BPC, an elderly woman from the city of Santo Augusto (RS) was denied the benefit. However, she filed an appeal in court, because she had no income and because the blockade was actually due to her husband's retirement.
This request was filed in 2018 and was denied in 2021, but the elderly woman did not give up. So, now the Federal Regional Court of the 4th Region (TRF4) has decided to release the benefit for the 70-year-old woman and determined that the INSS grant the payment.
According to the decision, the elderly woman actually fits within the rules, since she has no income from retirement. In addition, her per capita family income allowed her to be part of the group entitled to receive the BPC.
